The
oppression of Native people started when the first European set foot on
Turtle Island, looked at the first Native man he saw, and said "Be
a Man!". This was said in mocking reference to the decision-making
responsibilities held by women. The downfall began to pick up pace with the imposition of the
Royal Proclamation in 1763 which is still embedded in the Canadian Constitution.

The
Proclamation set the boundaries of a new Québec colony which was now
under British control. This document would open a new chapter in
European-Native relations, because it was the first document that called
for Natives to cede their land in order for large scale settlement to
take place. In this case ceding land meant the extinguishment of
Aboriginal Rights.

Such
attitudes caused great confusion among Native nations because the
concept of land ownership was an alien idea. The fundamental spiritual
connection to the land was that of caretakers and guardians, not owners.
Turtle Island (North America) was the greatest gift that Noo Halidzoks
(Mother Earth) could give to Indigenous People, therefore it was to be
revered, cared for and loved. The Europeans without delving too
deeply into understanding why the land could not be sold, took
it upon themselves to simply take it. This
fundamental misunderstanding of ownership/caretaker between
Natives and Europeans to this day lies at the root of all land claim
difficulties.

AT
THE PLEASURE OF THE KING............

THE
ROYAL PROCLAMATION, 1763

The
Royal Proclamation of King George III established the constitutional
foundation of British imperial Canada after the defeat of the French
army in North America during the Seven Years’ War.

The
Proclamation was brought into law when Ottawa Chief Pontiac said he
would resist British colonization if there were not proper provisions to
"recognize the collectively held title of First Nations peoples to
their ancestral lands." (Molloy, pg. 6)Its intent was to
protect Native people until they made the transition to becoming settled
on reserve lands and acquired European habits and culture so they could
enter mainstream society. As well Natives needed time to acquire skill
at farming and agriculture.

The
Royal Proclamation (also called the Indian Magna Carter or Indian Bill
of Rights) affirmed that the "...several Nations or Tribes with
whom We are connected ... should not be molested or disturbed..."
in Indian lands, and lands reserved for their use.

The
King reserved Western Lands (Prairies, Northern Ontario) for
"several nations or tribes of Indians" that were under his
"protection" as their "exclusive hunting grounds.

The
Proclamation is still entrenched in the Canadian Constitution.Its
best known provision states, in effect, that only the Crown can
extinguish "Indian title."This
lead directly to the land cession treaties in which Native groups gave
up claim to large tracts of land in exchange for certain areas to be
reserved solely for their use.

In other words,
The Proclamation gave the
King the sole right to appropriate lands from Native people
and initiate the procedure of signing land-surrender treaties between
the British and the Native peoples in North America. In the late
Eighteenth and early Nineteenth centuries, there followed, in Upper
Canada (southern Ontario), a series of land surrender treaties that
confined Natives to small holdings and made large tracts of land
available to settlers. Natives were then relieved of their lands,
through treaties of land surrender, through designation of reserves, and
through expropriation of previously established reserve lands.

By 1923, there
were more than 50 such treaties. Where the government saw these
agreements mainly as instruments for freeing lands for settlers, Natives
saw (and still see) them as defining their negative relationship with the
Dominion.

IMPORTANT
POINT:As noted earlier, Natives
and Europeans did not have the same understanding of the land surrender treaties.
In most Native cultures, land was not a commodity to be bought and sold.Evidence from Native
testimony shows that they understood these agreements to be matter of
sharing, of friendship, of mutual respect, and not final and irrevocable
sales, and ultimate loss of ancestral territory.

FOUR
MAJOR REASONS FOR THE ROYAL PROCLAMATION

1.
Disposition of lands to the French-expanding borders of Quebec, Nova Scotia and Newfoundland. French
consider themselves the original Founding European inhabitants of North
America. the fight for separation goes back to the Proclamation.

2. Establishment
of new structures/policies for colonists.
For example, the most important, the imposition
of the British Court System: Colonists were informed that the rules
would be based on British law. They were angry about this because
England was so far away and the rules
did not translate well for a new, untried, rough land where lives and
settlements were
vastly different, never mind translating them into Indigenous
languages. King George III denied these differences and
refused "wilderness justice"; he imposed a
"civilized Governor."LAND GRANTS:Settlers wanted to move from Vermont, Maine, inland and trade with the
Natives (trading for land). King said No, that
he had to look after the Natives. Colonists said they would trade with
the Natives in their territory. King said NO, after all, it was his
territory. In response the King sent a secret army to spy on the
settlers. As a result of all
this subterfuge, Two major problems emerged: Angry Settlers, Angry
Natives who said trade did not include giving up what little land they
had left.

3.Land grants to loyal soldiers
and seamen of the King who had fought in the Seven Years War.Where do these land grants come from? The ever-shrinking "Native
Territory." Most Native people live around water and this is the
land that was first highly sought after and the first to be appropriated.

4.
Policies and laws regarding Indians-
"Protection"
of the Natives from the Colonists and Soldiers. Natives were granted
rights to live on a small part of the dominion. The great tragedy is
that this is Sacred Ancestral Land upon which Indigenous people had lived for
thousands of years; now they
were arrogantly being granted permission to live on
some of it!!

EIGHT
CONDITIONS OF THE PROCLAMATION

THE ORDER IS NOT RANDOM - IT WAS
QUITE DELIBERATELY WRITTEN IN THIS WAY!

1.
King claimed ultimate dominion over North America - In other words, he
owned it.

2.
All people, excluding Natives and Soldiers who received
land grants, were to leave Native Lands.

3. No private
purchase of reserve land was allowed and no trade for the land could
occur between Natives and settlers.

4. King and heirs
have exclusive right of purchase (Feudalism). Herein lies an interesting
irony, how can anyone purchase (or sell) what is already owned by the King?

5. Native
groups, if they freely choose to, can sell their land rights to Agents
of the King (As noted: cannot
sell what King already owns!). The language used was simply semantics as
it tried to
make Natives feel they had a choice and were involved in the process,
when clearly their weren't.Question: How do you ask people who are no longer free to choose
'freely'?

6. Such selling of
land rights would occur in a public place. This way it show the
paramount dominance of the King.

7. All people
trading with Natives must be licensed (Imperial authorities).

8. Crown is
essentially the central agent in the transfer of Native lands to
ALL
settlers.

RECAP
OF POINTS TO CONSIDER ABOUT THE PROCLAMATION

1.
Irony of the document as regards royal ownership and purchase.

2. The
language in the Proclamation as regards protecting Natives and their
ancestral
lands is really a case of smoke and mirrors. The special language of the
Proclamation stresses that reserve lands are preserved for the
"use" of Natives and was supposed to engender warm feelings, that
Natives were being looked
after, when in fact, nearly 98% of their ancestral land base had
eventually been appropriated by
theft and other forms of subterfuge; the small parts that were left were also up for grabs at
the"pleasure of the King."See 3.

3.
Temporal (time-based). "Use" of land at
the "pleasure of the crown" - in other words, the Natives looked
after and lived
temporarily on the land for the duration of their lives. Also, when the
Crown decided "for the present".

4. Feudalistic
because the transfer of the dominion goes to the king's heirs and is
managed by governors.

5. Its paternalistic
nature, has the King assuming the starring role of "benevolent dictator."

7. United
States threw out the Proclamation after the War of Independence; they
wrote their own version called the "Settler Document."

An abbreviated version of the
Royal Proclamation
as it pertains to Canada

October 7,
1763

BY THE KING. A
PROCLAMATION
GEORGE R.

Whereas we have
taken into our royal consideration the extensive and valuable
acquisitions in America secured to our Crown by the late definitive
treaty of peace concluded at Paris on the 10th day of February last; and
being desirous that all our loving subjects, as well of our kingdom as
of our colonies in America, may avail themselves, with all convenient
speed, of the great benefits and advantages which must accrue there from
to their commerce, manufactures, and navigation; we have thought fit,
with the advice of our Privy Council, to issue this our Royal
Proclamation, hereby to publish and declare to all our loving subjects
that we have, with the advice of our said Privy Council, granted our
letters patent under our Great Seal of Great Britain, to erect within
the countries and islands ceded and confirmed to us by said treaty, four
distinct and separate governments, styled and called by the names of
Quebec, East Florida, West Florida, and Grenada, and limited and bounded
as follows, viz:

First, the Government of Quebec, bounded on the Labrador coast by the
river St. John, and from thence by a line drawn from the head of that
river, through the lake St. John, to the south end of the lake Nipissim;
from whence the said line, crossing the river St. Lawrence and the lake
Champlain in 45 degrees of north latitude, passes along the high lands
which divide the rivers that empty themselves into the said river St.
Lawrence from those which fall into the sea...

* * * * * * * * * * * *
* * * * * *

And
we do further expressly enjoin and require all officers whatever, as
well military as those employed in the management and direction of
Indian affairs within the territories reserved as aforesaid, for the use
of the said Indians, to seize and apprehend all persons whatever who,
standing charged with treasons, misprisions of treason, murders, or
other felonies or misdemeanors, shall fly from justice and take refuge
in the said territory, and to send them under a proper guard to the
colony where the crime was committed of which they shall stand accused,
in order to take their trial for the same.

And
Whereas, We are desirous, upon all occasions, to testify our Royal Sense
and Approbation of the Conduct and bravery of the Officers and Soldiers
of our Armies, and to reward the same, We do hereby command and empower
our Governors of our said Three new Colonies, and all other our
Governors of our several Provinces on the Continent of North America, to
grant without Fee or Reward, to such reduced Officers as have served in
North America during the late War, and to such Private Soldiers as have
been or shall be disbanded in America, and are actually residing there,
and shall personally apply for the same, the following Quantities of
Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents
as other Lands are subject to in the Province within which they are
granted, as also subject to the same Conditions of Cultivation and
Improvement; viz.

To every Person
having the Rank of a Field Officer--5,000 Acres.

To every
Captain--3,000 Acres.

To every
Subaltern or Staff Officer,--2,000 Acres.

To every
Non-Commission Officer,--200 Acres .

To every Private
Man--50 Acres.

We do
likewise authorize and require the Governors and Commanders in Chief of
all our said Colonies upon the Continent of North America to grant the
like Quantities of Land, and upon the same conditions, to such reduced
Officers of our Navy of like Rank as served on board our Ships of War in
North America at the times of the Reduction of Louisbourg and Quebec in
the late War, and who shall personally apply to our respective Governors
for such Grants.

And
whereas it is just and reasonable, and essential to our Interest, and
the Security of our Colonies, that the several Nations or Tribes of
Indians with whom We are connected, and who live under our Protection,
should not be molested or disturbed in the Possession of such Parts of
Our Dominions and Territories as, not having been ceded to or purchased
by Us, are reserved to them. or any of them, as their Hunting
Grounds. We do therefore, with the Advice of our Privy Council, declare
it to be our Royal Will and Pleasure. that no Governor or Commander in
Chief in any of our Colonies of Quebec, East Florida. or West Florida,
do presume, upon any Pretence whatever, to grant Warrants of Survey, or
pass any Patents for Lands beyond the Bounds of their respective
Governments. as described in their Commissions: as also that no Governor
or Commander in Chief in any of our other Colonies or Plantations in
America do presume for the present, and until our further Pleasure be
known, to grant Warrants of Survey, or pass Patents for any Lands beyond
the Heads or Sources of any of the Rivers which fall into the Atlantic
Ocean from the West and North West, or upon any Lands whatever, which,
not having been ceded to or purchased by Us as aforesaid, are reserved
to the said Indians, or any of them.

And We do
further declare it to be Our Royal Will and Pleasure, for the present as
aforesaid, to reserve under our Sovereignty, Protection, and Dominion,
for the use of the said Indians, all the Lands and Territories not
included within the Limits of Our said Three new Governments, or within
the Limits of the Territory granted to the Hudson's Bay Company, as also
all the Lands and Territories lying to the Westward of the Sources of
the Rivers which fall into the Sea from the West and North West as
aforesaid.

And We do
hereby strictly forbid, on Pain of our Displeasure, all our loving
Subjects from making any Purchases or Settlements whatever, or taking
Possession of any of the Lands above reserved. without our especial
leave and License for that Purpose first obtained.

And. We do
further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the
Countries above described. or upon any other Lands which, not having
been ceded to or purchased by Us, are still reserved to the said Indians
as aforesaid, forthwith to remove themselves from such Settlements.

And
whereas great Frauds and Abuses have been committed in purchasing Lands
of the Indians,to the great Prejudice of our Interests. and to the
great Dissatisfaction of the said Indians: In order, therefore, to
prevent such Irregularities for the future, and to the end that the
Indians may be convinced of our Justice and determined Resolution to
remove all reasonable Cause of Discontent, We do. with the Advice of our
Privy Council strictly enjoin and require.that no private Person do
presume to make any purchase from the said Indians of any Lands reserved
to the said Indians, within those parts of our Colonies where, We have
thought proper to allow Settlement: but that. if at any Time any of the
Said Indians should be inclined to dispose of the said Lands, the same
shall be Purchased only for Us, in our Name,at some public Meeting
or Assembly of the said Indians, to be held for that Purpose by the
Governor or Commander in Chief of our Colony respectively within which
they shall lie: and in case they shall lie within the limits of any
Proprietary Government. they shall be purchased only for the Use and in
the name of such Proprietaries, conformable to such Directions and
Instructions as We or they shall think proper to give for that Purpose:
And we do. by the Advice of our Privy Council, declare and enjoin, that
the Trade with the said Indians shall be free and open to all our
Subjects whatever. provided that every Person who may incline to Trade
with the said Indians do take out a License for carrying on such Trade
from the Governor or Commander in Chief of any of our Colonies
respectively where such Person shall reside. and also give Security to
observe such Regulations as We shall at any Time think fit. by ourselves
or by our Commissaries to be appointed for this Purpose, to direct and
appoint for the Benefit of the said Trade:

And we do
hereby authorize, enjoin, and require the Governors and Commanders in
Chief of all our Colonies respectively, as well those under Our
immediate Government as those under the Government and Direction of Proprietaries, to grant such Licenses without Fee or Reward, taking
especial Care to insert therein a Condition, that such License shall be
void, and the Security forfeited in case the Person to whom the same is
granted shall refuse or neglect to observe such Regulations as We shall
think proper to prescribed as aforesaid.

Given at our
Court at St. James's the 7th Day of October 1763. in the Third Year of
our Reign.